BILL ANALYSIS
AJR 37
Page 1
ASSEMBLY THIRD READING
AJR 37 (De Leon)
As Amended April 5, 2010
Majority vote
JUDICIARY 6-2
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|Ayes:|Feuer, Brownley, Skinner, | | |
| |Jones, Lieu, Monning | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman, Knight | | |
| | | | |
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SUMMARY : Makes certain findings regarding the immigrants and the
Nation's immigration system and urges Congress and the President
of the United States to take a comprehensive and workable approach
to improving the nation's immigration system. Specifically, this
resolution :
1)Declares that the United States of America was founded by
immigrants who came from around the world seeking a better life.
2)Finds that the current immigration system is broken. It
separates families, reduces the effectiveness of national
security programs, contributes to labor abuses, and creates long
backlogs for families seeking naturalization. Further, it
neglects the hard work and financial contributions immigrants
make to our country.
3)Finds that about 11 million undocumented immigrants are in the
United States; that California has one of the biggest
populations of immigrants, both legal and undocumented; that
immigrants and their children constitute nearly one-half of
California's population and contribute to local economies; and,
that approximately 77% of undocumented immigrants that reside in
California live with family members that are legal United States
residents and citizens.
4)Further finds that one in eleven workers in California is an
undocumented immigrant, and immigrants are a vibrant,
productive, and vital part of the state's growing economy,
diverse cultural fabric, and changing demographics. Immigrant
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worker populations in California are concentrated in a variety
of sectors, including leisure and hospitality, construction,
food and agriculture, service, transportation, and textile
sectors. Many immigrants throughout the state have even started
their own small businesses.
5)Declares that the integration of immigrants and the development
of a comprehensive approach to solve our broken immigration
system is critical to ensure that our state continues to have a
strong economy; and that fixing our broken immigration system
would have a positive impact on the economy because moving
workers out of a vulnerable underground status produces both
short-term and long-term economic gains. Doing so will
strengthen the ability of working families to become more
productive, with higher levels of income and job-generating
consumption, and will increase their net contributions to tax
revenues.
6)Finds that fixing our broken immigration system would have a
positive impact on the economy in the short and long term, and
that recent data released by the University of California, Los
Angeles, indicates that legalizing the status of undocumented
immigrants working and living in the United States would create
roughly $1.5 trillion in additional GDP growth over 10 years and
increase wages for all workers; and further finds that a study
released by the University of Southern California estimates that
the immediate and long-term effects of enacting comprehensive
immigration reform would result in a $16 billion boost to
California's economy.
7)Declares that modernizing our antiquated and dysfunctional
immigration system will uphold our Nation's basic values of
fairness, equal opportunity, and respect for the law; and that a
comprehensive approach to solve our broken immigration system,
one that works for all communities and families in America,
should include the following elements: 1) a plan for providing
legal status with a path to citizenship to undocumented
immigrants who are working and living in the United States,
which plan should include the AgJOBS Act of 2009 and DREAM Act
of 2009; 2) improvement of the economic situation of all workers
in the United States; 3) the reform of visa programs in order to
keep families together, protect workers' rights, and ensure that
future immigration is regulated and controlled rather than
illegal and chaotic; 4) the implementation of smart, effective
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enforcement measures targeted at the worst violators of
immigration and labor laws; 5) prioritizing immigrant
integration into our communities and country; and, 6) respect
for the due process rights of everyone in the United States.
8)Resolves that the Legislature urges the President and the
Congress of the United States to take a comprehensive and
workable approach to solving our Nation's broken immigration
system, using the foregoing principles.
EXISTING LAW provides for the regulation of immigration
exclusively by the federal government. (E.g., LULAC v. Wilson,
908 F. Supp. 755, 786-87 (C.D. Cal. 1995).)
FISCAL EFFECT : None
COMMENTS : The author describes the reason for the bill as
follows:
AJR 37 would urge the President of the United States and
Congress to take a comprehensive and workable approach to
solving our nation's broken immigration system by creating a
path to citizenship for the millions of immigrants working
and living in the United States.
It is estimated that there are 12 million undocumented
immigrants in the United States, with 2.7 million of those
undocumented immigrants residing in California. California
has one of the largest populations of immigrants, both legal
and undocumented, that make up one-fourth of the nation's
overall undocumented population. Additionally, one in every
eleven worker is an undocumented immigrant that contributes
to the state's economy. According to a report by the
University of Southern California, if undocumented Latino
workers were granted legal status, the state government would
benefit from a gross increase of $310 million in income taxes
and the federal government would gain $1.4 billion in paid
income taxes. This, however, is not to say that these
individuals don't already pay taxes. It is estimated that
$280 million in state and $1.4 billion in federal income
taxes area already being paid each year by California's
undocumented Latinos.
In 2009, President Obama voiced his commitment to pursue
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comprehensive immigration reform and take action on the
matter in 2010. Unfortunately, partisan gridlock in
Washington is threatening to stall major reforms including
overhauling our current antiquated and dysfunctional
immigration system. Congress needs to create a sensible path
to citizenship for the millions of undocumented immigrants
and create flexible legal limits on future immigration that
will uphold our nation's basic values of fairness, equal
opportunity, and respect for the law. Comprehensive
immigration reform would help lay the foundation for robust,
just and widespread economic growth.
The sponsor, Coalition for Humane Immigrant Rights of Los Angeles
(CHIRLA), states:
It is imperative for California to voice its support for
comprehensive immigration reform because a significant number
of its residents are undocumented and businesses in this
state are being affected by the lack of a legal workforce.
Our current immigration system is in peril and directly
affecting the growth of business in the United States and
California. While Congress has attempted to reform our broken
immigration system, the only policies that continue to be
implemented, thus far are enforcement-only policies. As a
result, employers are trying to mitigate potential damages to
their companies by hiring lawyers, accountants and other
professionals. Furthermore, employers that in good faith
have verified the employment eligibility of their workers,
but are audited and found to have hired unauthorized workers
are faced with stiff penalties. A more punitive approach
towards law-abiding employers could result in a decreased in
the nation's G.D.P. In addition, worksite enforcement
outside of a reformed immigration system has led to
undocumented workers being fired through I-9 audits,
affecting business owners and workers alike, and sending a
chilling effect to local economies already hurting from the
State's budget crisis and double-digit unemployment. Lastly,
the current punitive approach towards employers in a long-run
would result in a reduction of 2.2% in the total number of
jobs by 2019.
California's immigrants comprise one third of the state's
population. An additional 2.6 million of the state's
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immigrant population are undocumented. They contribute not
only to its diversity and its economy but also to its legacy
as a state welcoming of immigrants. The immigration
enforcement practices of the past administration, pursued to
this day by the Obama Administration, continue to tear
California families apart. Unprecedented numbers of
immigrants are locked up in a network of detention centers in
the state, and a greater number are deported on a daily
basis.
Comprehensive immigration reform is a key ingredient to
economic recovery. We are emerging from one of the worst
financial crisis since the great depression, but it seems
that this year our economy will experience some growth, thus
far we are seeing some positive signs. However, a full
recovery will take time and encompasses many factors,
including comprehensive immigration reform. Native-born
workers are more educated today and less likely to do manual
labor, and many of our current industries such as
agriculture, restaurant and service-based are still facing
work-force shortage. Because immigrants are different from
native-born workers - usually more or less educated, they
complement rather than compete with American workers, and the
work they do sustains jobs for Americans.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0003814